Two jobs equal two separate pay methods

Can a city employee serve in two separate rolls working full time as a city clerk and part-time as the city treasurer. Previously this employee served full time as a city clerk a non-exempt position. Our part-time city treasurer recently submitted his resignation and the mayor would like to roll the city treasurers duties into the city clerk position. The city treasurer typicaly spent about two hours a week performing this task, was paid an annual salary and considered exempt. It was suggested that the city clerk continue to receive her hourly rate for city clerk and also recieve the annual salary that the treasurer received. The city clerk would continue to be paid on a biweekly basis for the duties she performs as the city clerk. In addition she would receive a one time annual payment for the duties she performed as the treasurer. I am a city counsel member who works full time as an HR professional and this mixing of the two positions with different methods of payment for wages appears to be in conflict with the FLSA. My concern is how can you absolutely separate out the time spent performing the duties of the clerk versus the time spent performing the duties of the treasurer. What I am unsure of is if there are any special quirks in the FLSA for city governments. This is a small town with a population of less than 3,000.

Comments

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  • Is the pay for the treasurer position greater than 1.5 times the hourly rate this person would receive as the city clerk getting paid overtime for the extra duties?
  • This position is scheduled to work 36 hours a week so overtime should rarely if ever be an issue. Even with the combined dutes the position will continue to work 36 hours a week.The current treasurer only puts in about two hours a week. The current treasurer has a separate FT job and serves in this capacity on as need basis.
  • As long as you can determine that you are not underpaying this EE for the additional duties, the FLSA considerations would be met.

    LivinDon has made an excellent point about the need to segregate duties. Examine the duties of the two different positions very carefully to make sure that any oversight that one job had over the other, is taken on by a different position.

    Things like one person logging in receipts, another making deposits and someone else reconciling bank accounts. Combining these duties can allow lots of money to disappear.
  • Totally aside from the FLSA, I would have serious concerns. Segregation of duties is essential where the prospect for corruption is great, as in your case. Three years ago, my county had a guy serving simultaneously in three county offices; County Administrator, Chancery Clerk and another I forget. After the corruption was brought into light and as the investigation proceeded, he committed suicide.
  • How thoughtful. He saved the county the expense of prosecution.
  • We've addressed the segregation issues. The deputy clerk/treasurer will be one of three parties that signs checks but will not be involved with the reconciliation process.
  • Then the answer to your question of 'Can we' is totally dependent on your city policy. A final thought is that you might run it by your state attorney general for a legal opinion. There may be some sort of state prohibition regarding certain statutory government positions.
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